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New EEOC Regulations and More: Is Your Wellness Program Ready for 2017?

Make sure you are up to speed and fully compliant on the latest issues surrounding wellness plans.

The EEOC has brought several enforcement actions against employers based on their wellness plans. In addition, the DOL has increased its enforcement and review of wellness plans. On May 17, 2016, the EEOC isssued final regulations on wellness programs under the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA). These rules are similar to, but not entirely consistent with, comprehensive rules on wellness programs that were issued in June of 2013 by the IRS, DOL and HHS under the Health Insurance Portability and Accountability Act of 1996 (HIPAA).
This topic reviews the EEOC and DOL enforcement actions and regulatory developments. It also provides an overview of the statutes, case law, and other requirements of wellness plans. We will attempt to reconcile differences in the regulations under the ADA, GINA and HIPAA, with the goal of identifying changes that should be implemented no later than plan years beginning on January 1, 2017. This topic is a must for those who advise employers on wellness plans and policies designed to promote a healthier workplace.